98
RULES OF SUPREME COURT
Parties desirous to enforce the attendance of witnesses should apply at once to the Court to issue to or to procure from the national authority of the witness requi ed a summons for att ndance.
I is indispensable that the application should be made so as to allow time for a reasonable notice to the witness required.
If the witness is required to bring books or papers, they must be particularized in the summons sufficiently to enable him clearly to understand what is meant.
Any party summoning a witness through the Court, thereby becomes liable to pay such witness a reasonable sum of money to be summarily fixed by the Cour: for his expenses and loss of time.
The Court wil not enforce the attendance of a witness unless such sum has been deposited in the Court.
If either party desir s to use in evidence at the hearing any book, paper, or documeut in the possession or power of the other party, he must give the other party reasonable notice in writing to produce it at the hearing, failing which he will not be allowed to give any secondary evidence of its contents.
No person is excluded from giving evidence by reason of inter- est or relationship. The parties themselves, their wives, relations, partners, and servants respectively are competent witnesses.
(Seal).
8. Motion Paper.
In Her Britannic Majesty's Court at [Canton].
Between 4.B. Plaintiff,
and
C.D. Defendant.
The Plaintiff [or as the case may bej moves.
that there shale the terms of the motion},
9.
Affidavit of affesting Wi'ness in proof of the due Execution of a
Will or Codicil dated after 31st December, 1873.
In Her Britannic Majesty's Court at [Canton].
make oath and say that I am
,
In the matter of A. B. deceased. I, C. D. of one of the subscribing witnesses to the last Will for Codicil, as the case may be, of A.B., late of
dee ased the said Will for Codicil} being now hereto annexed, bearing date and that the testat or executed the said Will [or (1) If the signature is in Colici']
is in Codici'] ou the day of the date thereof, by signing his name a the the testimonium clause foot or end thereof [or in the testimonium cause thereof, or in the attestation clause thereto, as the case may be], as the same now appears thereto, (1) in the presence of me and of
or attestation clause,
insert, "intending the same for his final sig. nature to his will.”
the other subscribed witness thereto, both of us being present at the same time, and we thereupon attestel and subscribed the said Will [or Codicil] in the presence of the testator.
Sworn at
day of
this
18
>
before me,
X.Y.
C.D.